161-170 of 174 results

What does 1 July 2014 mean under FoFA?
Insight 04 Jun 2014

For most people working in the financial services industry it would be unwise to let 1 July come and go without asking what will change In 2014 as in 2012 and 2013 1 July is a very significant date under FoFA the Future of Financial Advice ...

New opportunities for charities as 'directness' requirement ruled out
Insight 04 Sep 2014

The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...

ASIC's enforcement decisions - is litigation the most effective deterrent?
Insight 02 Sep 2014

We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...

Directors' duties and the interests of 'APRA beneficiaries'
Insight 02 Sep 2014

The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...

100 member rule to be abolished
Insight 24 Oct 2014

The 100 member rule for convening company meetings will be abolished under legislative amendments introduced into Parliament this week following consultation by the Federal Government on draft legislation earlier this year Proposed streamlining of remuneration disclosure obligations is also still ...

ASIC's employee incentive scheme class orders - new and improved
Insight 31 Oct 2014

After much anticipation ASIC has released new employee incentive scheme class order relief Partner Greg Bosmans and Special Counsel Gadi Bloch members of Allens Head Office Governance team report on the implications for listed and unlisted companies ...

Clues for industry in ASIC'S Strategic Outlook
Insight 24 Oct 2014

ASICs recently published Strategic Outlook outlines its priorities for responding to the key risks it believes will affect investors and gives some interesting clues into what industry participants can expect from ASIC over the next 12 months such as more surveillance of insider trading breaches of ...

Risk management - what, if anything, does the 'three lines of defence' model do?
Insight 05 Nov 2014

From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...

Should APRA's prudential standard-making powers extend to directors' duties?
Insight 05 Nov 2014

In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...

The best interests duties - process or outcome?
Insight 05 Feb 2015

Superannuation fund trustees and their lawyers including this one have been grappling for years with what the covenant in section 522c of the Superannuation Industry Supervision Act 1993 means What must a trustee do to exercise its powers and discharge its duties in the best interests of ...

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